Opinion
A95A1649.
DECIDED AUGUST 2, 1995.
Motion to suppress. Cobb Superior Court. Before Judge Stoddard.
Al Johnson, for appellant.
Thomas J. Charron, District Attorney, Debra H. Bernes, Bruce D. Hornbuckle, Nancy I. Jordan, Assistant District Attorneys, for appellee.
Defendant filed this direct appeal after the denial of his motion to suppress. Held:
"Although the defendant obtained a certificate of review from the trial judge, he failed to make an application to this Court for interlocutory review within 10 days after the grant of the certificate. Since an order denying a motion to suppress is not a final judgment ( Cody v. State, 116 Ga. App. 331 ( 157 S.E.2d 496) (1967)), this [direct] appeal is premature and thus is subject to dismissal for failure to comply with OCGA § 5-6-34 (b). Williams v. State, 148 Ga. App. 176 ( 251 S.E.2d 130) (1978)." Holton v. State, 173 Ga. App. 249 ( 326 S.E.2d 240). Accordingly, this direct appeal is hereby dismissed.
Appeal dismissed. Andrews and Blackburn, JJ., concur.